~** DISCONTINUED **Am I too late?

[Totrusting]

Good morning everyone.

I received a claim form from Northampton County Court re Cabot Financial (UK) Ltd using Restons Solicitors Ltd. It was issued on the 20th June 2014 and I only received it on June 25th. The claim is for a fairly large sum of money now due to interest etc. Here are the Particulars of Claim exactly as it is on the claim form:

The Claimant claims payment of the overdue
balance due from the Defendant(s) under a
contract between the Defendant(s) and
AA Personal Finance
dated on or about 30/01/2006 and assigned
to the Claimant on 26/06/2008 in
the sum of xxxxx

PARTICULARS a/c no:- xxxxx

DATE ITEM VALUE
22/05/2014 Default Balance xxxxx
Post Refrl Cr NIL

TOTAL:- xxxxx

(The space at the bottom of the form where it says signed has been typed as opposed to actually having a signature).

Cabot have been chasing me on and off for the last seven years or so and in that time have passed the account on to different DCA's but believe I restarted the clock in 2010 when I contacted them in writing inadvertantly acknowledging the debt. Debt collectors had turned up at my home after 8pm one evening threatening allsorts; I was so scared, I cried myself to sleep, I didn't know what else to do.

The first communication I received from Cabot since around 2012, was on 01 May 2014 informing me that as they had not heard from me, they were referring my account to Marlin Financial Services "Marlin". On the exact same date, 01 May 2014, I received a letter from Marlin informing me of a 'Notice of Change' and that Cabot had instructed them in the recovery of my account - I stupidly ignored both letters. I had never heard of Restons until receiving the claim form.

Anyway, I submitted the Acknowledgement of Service a day after receiving the claim (26th June) and sent a CPR 31.14 to Restons by recorded delivery on 30th June. On Saturday, July 5th to my horror, Restons returned my CPR 31.14 request letter refusing to acknowledge it because I had only printed my name as opposed to signing it. This now meant I would lose at least a week having to wait until Monday to get to the post office. I signed it, resent it again by recorded delivery on Monday 08 July and to date have had no response from Restons.

I am in panic mode again as I now only have 7 days left to submit my defence to the court (23rd July by 4pm) and have no clue as to how to word it, what to include, what not to include; I am completely out of my depth and wonder if it is even worth fighting now.

I would be so grateful if you could give me some guidance with the mess I am in.

Thank you for your time and sincere apologies for such a long first post.

[Amethyst]

Re: Am I too late?

Bahh that's not long and you're not a lost cause.

Is the claim for under or over £10k ?

And what do you know about the Debt - AA personal finance - credit card? loan ?

Sounds like you have done everything right - you acknowledged, sent CPR request..... did you send a CCA request ? if not do that today - http://www.legalbeagles.info/forums/...y-of-Agreement - SIGN IT (use an antitamper strip if you like or squiggle some xxxxxxx's under where you sign it) and send to the creditor (the claimant) with a £1.

So your defence date is 23rd July, that's okay, we can ask Restons for an extension to the time allowed for filing the defence based on their failure to supply you with information to help you admit or defend the case.

Do the CCA if you haven't already, so that's out the way.

[Totrusting]

Re: Am I too late?

Awww, thank you

The claim is unfortunately over £10k now and it was a loan?

I did not send a CCA request as I wasn't sure if I should send anything to Cabot but I will do that today as you have advised. Sorry to sound thick but I have never heard of an antitamper strip before so will do the x's thing and send it to Cabot with the postal order.

I feel relieved about the extension but will Restons actually agree?

Anyway, thank you x

[Amethyst]

Re: Am I too late?

They might do, they might not, if they don't agree we can enter a defence explaining to the court we don't have enough information to plead the case properly.

So on Monday send an email or telephone Restons;


Dear Restons

Claim Number: XXXXXX - Cabot v YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to AA Personal Finance.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending, or indeed admitting, the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the 23rd July I would appreciate a response by return.

Kind regards

XXXXXXXX

[Totrusting]

Re: Am I too late?

I have made a note to email Restons on Monday; I don't feel confident enough to call them.

Thank you for providing the template xxx

[Amethyst]

Re: Am I too late?

Could you post up a copy of the CPR request you sent please.

[Totrusting]

Re: Am I too late?

Bear with me...will try and post that up now.

[Totrusting]

Re: Am I too late?

I hope this is ok as I 'borrowed' it from the CAG website before finding this site.

Namexxx
Addressxxx
xxxxxxxx
xxxxxxxx
xxxxxxxx

30 June 2014

Dear Sir

Re: Cabot Financial (UK) Limited v Xxxxxx xxxxxx.

Case No: xxxxxxxx

CPR 31.14 Request

On 25 June 2014, I received a Claim form in this case issued by you out of the Northampton County Court.

I confirm I have filed an Acknowledgement of Service in which I have indicated that I intend to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of document(s) mentioned in your Particulars of Claim:

1. the agreement

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para. 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

Please ensure you comply with the CPR 31 duties and ensure that the requested document is copied to and received by me within 7 days of receiving this notice. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to meet the terms of this request you must tell me in writing before the time for you to fulfil this request has expired. In addition, a statement that you agree to an extension of the date for my defence should be included, as allowed under CPR 15.5 (2). Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.


Yours faithfully

Xxxxxx xxxxxxx

[Amethyst]

Re: Am I too late?

Oh bugger, you didn't ask for the assignment or default notice.

mmmm ok. It's fine, don't panic the agreement should be enough anyway, I'll amend the draft defence.

[Totrusting]

Re: Am I too late?

Sorry, sorry...would that have been mentioned in another letter I sent them? Will post that up for you now

[Amethyst]

Re: Am I too late?

Ok not too bad

IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: xxxxxxxxxxxxx

BETWEEN:

xxxxxxxxxxxxxx
CLAIMANT
And

xxxxxxxxxxxxxxxxxxxxx
DEFENDANT


__________________________________________________ _____
Defence
__________________________________________________ _____

Preliminary Matters

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. It is admitted that the Defendant has, in the past, entered into agreements with AA Personal Finance Ltd. The Defendant believes this claim may relate to a loan agreement taken out in January 2006 but without further details is unable to be certain of the terms and position regarding this account.

6. On the 20th June 2014 the Defendant made a request for inspection of the agreement as disclosed in the Claimants statement of case under CPR 31.14.

7. The Defendant has not received any documents from the Claimant in response to this request.

8. On the XXXXXXX a request was made to the current creditor, Cabot, pursuant to s77 (1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

9. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

10. Accordingly the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.


Assignment

5. The sparse particulars of claim state that the account was assigned from AA Personal Finance to Cabot on 26th June 2008. The Defendant does not recall receiving notice of this assignment.

Default Notice

17. It is denied that the original creditor, AA Personal Finance, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

18. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears in a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion

20. Accordingly, the Defendant avers that

20.1. The Claimant has failed to plead properly in this matter

20.2. The Claimant has not complied with s77 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

15. In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further

16. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated

[Totrusting]

Re: Am I too late?

I really wish I had come across LB's site before sending this as I have seen some of the advice saying these letters should not be sent as they will be ignored. I don't even understand half it
Too late now...Have I made things worse now?

NON-NEGOTIABLE

Name xxxxx
Address xxxx

xxxxxx

xxxxxx

Restons Solicitors Limited
Collections Department
Trinity Chambers
800 Mandarin Court
Warrington
WA1 1GG 30th June 2014

Re: Reference Number: XX/XX/XXXXXXX
Dear sir/madam

Thank you for your recent contact dated: 20 June 2014

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account.
Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
Please provide this information and documents within 3 days from the above date, so that I may settle any ‘alleged’ financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Yours sincerely
Xxxxxxxxxxxxx.


No assured value, No liability. Errors & Omissions Excepted.
All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT

[Amethyst]

Re: Am I too late?

:notworking2" lol, don't worry, lots of people get caught up with the flipping GOODF letters .... sometimes they can hold DCA's off for a bit, or the crappier ones just pass the debt on to someone else as they can't be arsed dealing with it, but the bigger firms just laugh. Penalty of Perjury my bottom. You didn't sign of Fred of the Family Smith did you? lol. We'll just ignore it so don't worry xxxx

I really wish I had come across LB's site before sending this as I have seen some of the advice saying these letters should not be sent as they will be ignored. I don't even understand half it
Too late now...Have I made things worse now?

NON-NEGOTIABLE

Name xxxxx
Address xxxx

xxxxxx

xxxxxx

Restons Solicitors Limited
Collections Department
Trinity Chambers
800 Mandarin Court
Warrington
WA1 1GG 30th June 2014

Re: Reference Number: XX/XX/XXXXXXX
Dear sir/madam

Thank you for your recent contact dated: 20 June 2014

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account.
Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
Please provide this information and documents within 3 days from the above date, so that I may settle any ‘alleged’ financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Yours sincerely
Xxxxxxxxxxxxx.


No assured value, No liability. Errors & Omissions Excepted.
All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT

[Totrusting]

Re: Am I too late?

, I am sooo lucky I now have LB's looking after me or who knows where I would be. Don't laugh but I am holding both hands up to the fact that I did sign as Fred of the Family Smith!! What is that even about?? No, don't tell me.

Should I just keep the 2nd draft of the defence you posted and delete the other one?

xxx

[Amethyst]

Re: Am I too late?

hehehe that's the problem with copying randomly off the t'interweb, some people just talk b*llhooks xx

Yep I've deleted first one off here, don't do anything yet as it will need more amendment, - just get the CCA request off today, and Monday ask Restons for the extension.

Remember the extension is for THEM to get you copies of the documents, not to give you more time (though it does)